In Tirschwell v TCW Group Inc., No. 13923, 150777/18, 2020-03192, M-1286, 2021 N.Y. Slip Op. 03397, 2021 WL 2144858 (N.Y.A.D. 1 Dept., May 27, 2021), the court, inter alia, held that plaintiff’s sexual harassment claim survived summary judgment.
From the decision:
The City HRL gender discrimination claim (claim 2) was properly sustained as against Ravich based on plaintiff’s claims that Ravich used his supervisory position to pressure her into having sex with him and withdrew support for her at work after she stopped responding to his sexual advances. Contrary to Ravich’s claim, issues of fact exist as to whether the sexual relationship existed and/or was consensual; whether plaintiff ever made clear to Ravich, even if not formally in words, that it was over; and whether Ravich or TCW ever stopped providing material support to plaintiff or her fund. The discrimination claim was also properly sustained as against the TCW defendants, as they may be vicariously liable for Ravich’s conduct (see Administrative Code of City of N.Y. § 8–107[13][b][1]).
The court also reinstated plaintiff’s request for punitive damages, holding that “Ravich’s conduct in conditioning his support of plaintiff at work on her compliance with his demands for sex, if proven, would be sufficient to demonstrate discrimination with willful or wanton negligence, or recklessness, or a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.”